Section 14-4201. BASE RENT: APRIL 30, 1985 RENT CEILINGS  


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    4201.1The “base rent” for each rental unit covered by the Rent Stabilization Program on the effective date of the Act shall be the rent ceiling for the unit as of April 30, 1985, pursuant to § 103(4) of the Act.

     

    4201.2Except as provided in §§ 4201.3 and 4201.4, the base rent for each rental unit shall be established by determining the actual rent charged for the unit on September 1, 1983, adjusted to reflect the amount of each rent ceiling increase properly taken and perfected prior to September 1, 1983, under the Rental Housing Act of 1980 and regulations promulgated thereunder; any prior rent control law and the regulations, if any, promulgated thereunder; or pursuant to the order of a court of competent jurisdiction; provided, that the adjustment called for in this paragraph shall not include any portion of a prior rent ceiling increase which was the basis for a rent increase already included in the actual rent charged on September 1, 1983.

     

    4201.3If a rental unit was vacant on September 1, 1983, or no rent was actually charged on that date, the base rent of that unit shall be established by applying the adjustments called for in § 4201.2 to the rent actually charged for the unit on the first day of the month immediately preceding September 1, 1983, during which rent was charged.

     

    4201.4If a rental unit that is subject to the Rent Stabilization Program of the Rental Housing Act of 1980 was first occupied as a rental unit after September 1, 1983 but before May 1, 1985, the base rent for that unit shall be the rent charged or chargeable for the unit during the initial leasing period when the unit was occupied after September 1, 1983.

     

    4201.5The rent ceiling for each rental unit covered by the Rent Stabilization Program of the Act on the effective date of the Act shall be determined by adding to the base rent for the unit established under §§ 4201.2, 4201.3 or 4201.4 the amount of each rent ceiling adjustment taken and perfected or ordered to be taken after September 1, 1983 but before May 1, 1985, pursuant to any of the following:

     

    (a)A judicial decision or order of any court of competent jurisdiction;

     

    (b)An administrative decision of the Rent Administrator or the Commission (including decisions of the Rental Accommodations Commissions) issued in adjudication of a petition to adjust the rent ceiling under §§ 211, 212, 213, 215, or 217 of the Rental Housing Act of 1980 or any prior rent control law;

     

    (c)A rent ceiling adjustment of general applicability authorized by § 207(b) of the Rental Housing Act of 1980;

     

    (d)A rent ceiling adjustment for a vacant rental unit authorized by § 214 of the Rental Housing Act of 1980;

     

    (e)A rent ceiling adjustment established by a voluntary agreement approved by the Rent Administrator under § 216 of the Rental Housing Act of 1980.

     

    4201.6Regardless of the date of initial registration of a rental unit under the Act, no rent ceiling adjustment taken and perfected or ordered to be taken after April 30, 1985, shall be applied as an adjustment under § 4201.5 for the purpose of establishing the rent ceiling for the unit on April 30, 1985.

     

source

Notice of Final Rulemaking published at 33 DCR 1336, 1384 (March 7, 1986); as amended by Notice of Final Rulemaking published at 33 DCR 2656, 2663-2664 (May 2, 1986).